Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-10-22
COURT OF APPEALS.
A Man Can Break In Jail as Fully by
Forcing the Jsiier 10 Open the Door
as II by Using Battering Ram.
q Railroad Company IL their Value
at Place of Shipment.
Correspondence of the Gazette.

son vs.. the State; appeal from h6rrls.
Conviction on charge of burglary.
Where the charge of the court was not
excepted to, and the errors therein sre
not fundamental, and we're not calculated
to in lure the rights of the defendant, the
court can not reverse. Affirmed. Will
son, j.
Love Dewbery vs. the State; appeal
from Henderson. Where a continuance
is asked on the ground OF the absence of
q witness who has been properly served
to testify in behalf of defendant, and
whose testimony is directly contredicted
by the other witnesses for the defense,
and is therefore probably untrue. Held:
the court did not err in overruliug
the motion for continuance. Affirmed:
Wilson, j.
Joseph Boykin vs.. the State; appeal
from WI hanson. This is a conviction
for swindling. Appellant traded horses
with one Robertson and gave him what
he represented to be $30-two ten
dollar bills, and two five dollar bills, but
which turned to be of no value, being
Confederate money Of the denominations
named.
is defective because the bills are described
as "ce rtain pieces of paper" 81 Id: TIE
indictment is sufficient Further held:
That an acquittal on the first count, which
charged theft, by no means prevented the
Jury from fuding him guilty on the sec
ond count Of sWlndling. Affirmed. Will
SOD, J.
Casimiro Hinoposa vs. the State; ap-
peal from Duvsl. Where prosecuting
witness was fleeing for his life and the
defendant followed him, shooting at him
several times. Held; The court did not
err in refusing a special charge submit
| ting the question Of aggravated assault,
, b. cause not warranted by the evidence.
/ Aft rmed. White, P. ].
, Elk psrte Joseph Smith, from Fayette.
This is an application for a discharge
from custody on writ of hebeas corpus,
] the relator being charged with the crime
OF arson. Held: Where the evidence
shows that the party is probably guilty
of the offense charged, this court will
, not discharge the prisoner. Application
; refused. Wilson, ].
Missouri Pacifi; Railway Company VS..
J. B. Poindsxter & Co appeal from
? Johnson. This was an action to recover
the value of goods lost while in the hands
of appellant as q common carrier, they
, having been shipped on through bill of
lading from Philadelphia to Alvarado,
! Tex also for damage to other goods at
! the same time. The bill Of lading con,
tanned stipulation that "the amount of
! loss or damage shall be COM
} puted at the actual value or cost of said
goods or property st the time and place
? of shipment under this bill of lsding
etc. Held: This stipulation appears to
want none of the elements of q valid con-
tract, and Is to be taken as fixing the
, measure Of recovery for the goods lost.
, Whatever value, therefore, the goods may
be proved to have had in Philodelphis at
r date of shipment, with freight added,
would be the measure Of damages. Re
! versed and remanded. Hurt, j.
2 Albert Matthias vs.. Adolph Schild-
knetcht; appeal from e. Paso. Appellee
brought suit on December az, 1886,
against appellant to recover the sum OF
, $317 &c, the value of personal services
r during the yesr 1886. The jury gave him
Judgment for the above named amount.
Judgment was entered upfor that amount,
together with interest from the 1st day
of January, 1887. Appellant complains
, of this interest from the 1st day Of Janu-
, atty because not authorized by the verdict.
, Held: The judgment was correctly en-
. tered up R s., 1871 ] Affirmed. Hurt, j.
N Williams vs.. the State; appeal
from COmanche. Appellant was tried and
: convicted for breaking into ail and
aiding prisoners to escape In this case
1t is contended that the evidence showed
no such actual breaking into the all, as
the word "breaknds generally used. The
! jail proper was in the upper story OF the
! building. Appellant, with other parties,
after getting into the lower hail by an
boiling the door, waited until the
iailor returned, and with threats of
summary violence they forced him
at the muZzle Of their pistols to 60 up
the stairs and unlock the doors and cages
for them. Held: Such force was as
much "breaking" as if they had accom-
! plished their purpose with q bsttering
ram. The court permitted the state to
+ prove the Whereabouts, acts and sayings
, OF John Williams and George Dennis,
two Of the parties implicated in the jail
? breaking before and subsequent to the
, commission of this crime, and when this
, defendant was not present. Held: This
, was properly admitted, for the evidence
j clearly shows conspiracy between de-
. PENDANT and these parties. These parties
Z WASA my ASAl VIC J1A SoiiAOO ttAO joucA
2 with them to the woods where horses
W. re waiting. The party mounted ano
I the liberated prisoner, Henry Williams,
E bid the Sheriff good bye, and though the
I night was dark he could tell that Henry
: Williams was mounted on roam horse
The next day posse pursued the par
ties and captured John Williams and
George Dennis, and one of the horses
they had was roam. Held: This evil
dence was legitimate, as going to prove
the identity of the parties who committed
the crime. Affirmed. White, P. J.
NJohn Williams vs. the state; appeal
from Comanche. This is companion
ease to that of I. N. Williams, decided
above.
No bill of exceptions having been
taken to the Court oyerruling defendants
application for continuance, he is not
t entitled to q revision of the ruling in this
l Court. At the last previous term of the
Court the jury commissioners had only
drawn and selected jurors for three
weeks of the term, which was then the
lawful limit for the Court to hold. After
81 a adiaurprnap& ~ thaf farpo tho ouis